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SEX DISCRIMINATION ACT 1984 - SECT 41A

New superannuation fund conditions

  (1)   Nothing in Division   1 or 2 makes discrimination in relation to a superannuation fund by one person (in this subsection called the discriminator ) against another person (in this subsection called the aggrieved person ) unlawful if:

  (a)   the discrimination is on the ground of the aggrieved person's sex, marital or relationship status or family responsibilities; and

  (b)   the discrimination arises only because of one or more of the following:

  (i)   the superannuation fund conditions include a provision that:

  (A)   is based on actuarial or statistical data from a source on which it is reasonable for the discriminator to rely; and

  (B)   is reasonable having regard to those data and any other relevant factors;

  (ii)   in the case of a member who has no spouse or   de   facto   partner or has no child--the superannuation fund conditions:

  (A)   do not provide for superannuation benefits in the event of the member's death; or

  (B)   provide for less generous superannuation benefits in the event of the member's death; or

  (C)   do not provide for superannuation benefits to someone other than the member in the event of the member's physical or mental incapacity; or

  (D)   provide for less generous superannuation benefits to someone other than the member in the event of the member's physical or mental incapacity;

  (iii)   the superannuation fund conditions include a provision that relates to:

  (A)   the vesting in members or other persons of benefits arising directly or indirectly from amounts contributed to the fund; or

  (B)   the preservation of benefits arising directly or indirectly from amounts contributed to the fund; or

  (C)   the portability of benefits arising directly or indirectly from amounts contributed to another superannuation fund;

    if the inclusion of that provision results in only indirect discrimination against the aggrieved person on the ground of that person's sex, marital or relationship status or family responsibilities;

  (iv)   the superannuation fund conditions include a provision that confers particular benefits, or more generous benefits, only on a person to whom subsection   41B(3) or (4) applies.

  (2)   For the purposes of this section:

  (a)   discrimination on the ground of a person's sex is taken to be indirect if paragraph   5(1)(b) or (c) or subsection   5(2) applies to the discrimination; and

  (b)   discrimination on the ground of a person's marital or relationship status is taken to be indirect if paragraph   6(1)(b) or (c) or subsection   6(2) applies to the discrimination.

  (3)   This section does not apply to a person in respect of a superannuation fund if subsection   41B(3) or (4) applies to that person.

  (4)   In this section:

"member" , in relation to a superannuation fund, includes a person who has been a member of the fund at any time.



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